New Hampshire
How Defenders of Wildlife v. U.S. Army Corps of Engineers applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Environmental Law.
New Hampshire courts consider environmental protection statutes similarly to the federal level, focusing on the necessity of obtaining proper environmental permits and adhering to state laws that protect wildlife and habitats. The state emphasizes the importance of thorough assessments to evaluate environmental impact in accordance with New Hampshire's RSA 482-A and RSA 210-A.
In New Hampshire, agencies must conduct comprehensive studies and assessments to comply with both state and federal environmental laws before issuing permits that might affect endangered species or habitats.
The New Hampshire Department of Environmental Services successfully required a permit for development impacting wetland areas, underscoring the importance of environmental assessments.
The court held that a state agency must follow the state Endangered Species Act and thoroughly evaluate the impacts of highway expansion projects on endangered species.
The court ruled that local planning boards must consider environmental impacts under New Hampshire law when reviewing development plans.
Like the federal standard established in Defenders of Wildlife, New Hampshire requires agencies to assess the environmental impacts of their proposed actions comprehensively. However, New Hampshire law can impose stricter requirements on state agencies regarding the protection of specific local species and habitats, providing greater environmental safeguards.
Knowledge of the principles established in Defenders of Wildlife is highly relevant for the New Hampshire bar exam, particularly in essay questions addressing environmental law compliance and administrative agency procedures.